Terms of Service

Welcome to pixyit Inc. (“pixyit,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of pixyit websites, Family Galleries, Partner Galleries, public galleries, artwork claiming, audio and transcription features, subscriptions, keepsakes, campaigns, kiosks, and related services (collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and Authority

You must be at least 18 years old to create or use a pixyit account. Children and teenagers under 18 may participate only through an account managed by an adult.

If you add or manage a child’s artwork, information, story, or voice recording, you represent that you are the child’s parent or legal guardian, or that you have permission from the child’s parent or legal guardian or other lawful authority to do so.

If you use the Services for an organization, you represent that you are at least 18 and authorized to act for that organization and accept these Terms on its behalf.

2. Accounts

You agree to provide accurate, current, and complete account information and keep it up to date. You are responsible for protecting your login credentials and for activity under your account. Notify us promptly if you believe your account has been accessed without authorization.

Accounts may not be transferred or shared in a way that gives an unauthorized person access to private artwork, child information, or audio.

We may ask for additional information if we receive a claim, dispute, safety concern, or legally valid request involving an account, child, or artwork.

3. Family Galleries

A Family Gallery lets an authorized adult collect and organize children’s artwork, stories, descriptions, and optional voice recordings. Family content is private by default.

You are responsible for deciding what to add, who may receive a private sharing link, and what content, if any, is made public. You must have the rights and permissions needed for all content and child information you add.

A free account may contain up to five artworks. If a paid plan ends while a gallery contains more than five artworks, the existing artwork will remain available, but no additional artwork may be uploaded unless the gallery is again within the free limit or the account subscribes to an eligible paid plan.

4. User Content and Ownership

Artwork, images, titles, stories, descriptions, audio, and other material submitted through the Services are “User Content.” pixyit does not take ownership of User Content. Copyright and other rights remain with the applicable creator or rights holder.

You represent that you own the User Content or have all rights and permissions necessary to upload, manage, share, display, reproduce, and use it through the Services, including on keepsakes when available. Your use must not infringe another person’s intellectual property, privacy, publicity, or other rights.

To provide the Services, you grant pixyit non-exclusive, worldwide permission to host, store, copy, format, resize, display, and process User Content as reasonably necessary to operate the Services, create previews, fulfill orders, provide support, protect the Services, and comply with law. This permission does not transfer ownership to pixyit or allow pixyit to use private User Content for advertising or artificial-intelligence model training. No separate licensing fee is due for these operational uses. Eligible product sales remain subject to the 3% Kid Royalty described in Section 12.

The license ends when the applicable User Content is permanently deleted, except to the extent needed for completed or in-progress orders, transaction records, legal compliance, disputes, security, or other obligations described in these Terms.

5. Private Sharing and Public Content

A Family Gallery or artwork may be shared using a private, unguessable link. Anyone who receives or is forwarded that link may be able to view the shared content, so share it only with people you trust.

If you choose to make artwork public, anyone may view the public artwork and may purchase available products featuring it. Public display may include the artwork, the artist’s first name, age, optional country, title, description, and tags. Audio is never public.

By making artwork public, you authorize pixyit to display and feature the artwork and its permitted public details in the public gallery, Partner experiences, pixyit social media, emails, and other pixyit promotional materials. pixyit will not share a child’s photograph, surname, school, precise location, private audio, or other private content unless the child’s parent or legal guardian separately directs or authorizes us to do so.

You may later make Family Gallery artwork private. It will no longer appear in the pixyit public gallery, but this will not affect products already ordered, printed, or in production.

6. Voice Recordings, Transcription, and Automated Tags

An authenticated adult account holder may save a voice recording with an artwork when authorized to do so. The recording is private and available only through the account that recorded it. It is not public and is not available to Partner accounts or visitors using a shared gallery link.

pixyit uses audio only to store and play the recording for that account and to generate an editable text transcription that may be used as the artwork description. We do not use audio or other User Content for advertising, behavioral profiling, voice identification, or training artificial-intelligence models.

We may use service providers to process audio solely to provide transcription and related Services on our behalf.

The Services may generate transcriptions, artwork tags, or other automated suggestions. Automated output may be incomplete or inaccurate. You are responsible for reviewing and editing it before relying on or publishing it.

7. Partner Galleries and Programs

Schools, museums, youth programs, community organizations, brands, and other participating organizations (“Partners”) may create Partner Galleries, campaigns, showcases, kiosks, competitions, events, and related programs.

Each Partner represents that it has the authority and permissions, including any required parental consent, to upload, display, and manage artwork and participant information through pixyit. Partners must provide only information reasonably necessary for their program and comply with applicable law, their own policies, and any separate agreement with pixyit.

Partners may add or edit titles and descriptions in their Partner Gallery. Partners cannot add, access, or listen to Family Gallery audio.

Partner programs may have additional terms. If additional program terms conflict with these Terms, the additional terms govern that program.

8. Claiming Partner-Uploaded Artwork

A Family Gallery account holder may claim Partner-uploaded artwork when the claim information matches information supplied by the Partner. A successful match connects the artwork to the Family Gallery. It does not verify legal guardianship, determine identity, transfer copyright, or establish copyright ownership.

After an artwork is claimed, it may appear in both the Partner Gallery and the Family Gallery. The Family Gallery account holder may manage the family-facing title, description, audio, and public visibility.

If a Partner deletes unclaimed artwork, it is removed from the Partner Gallery. If a Partner removes claimed artwork, it is removed from the Partner Gallery but remains in the Family Gallery. If the Family Gallery account holder deletes claimed artwork, it is removed from both galleries.

Deleting or removing artwork does not affect royalties already credited, completed transactions, products already printed, or orders already in production.

9. Orders and Custom Products

Many pixyit products are personalized, custom-made, or made to order. Product images and digital previews are illustrative. Final products may vary slightly due to artwork quality, materials, production methods, screen display, color, sizing, and placement.

By placing an order, you confirm that the selections, personalization, shipping details, and User Content you provide are accurate and that you are authorized to use the artwork on the ordered product.

For products requiring a design preview, production will not begin until you approve the preview. You are responsible for reviewing artwork placement, cropping, spelling, names, titles, colors, and other personalization. If you do not respond, we may send reminders. If the preview remains unapproved for 14 days, we may cancel and refund the order.

After you approve a preview and production begins, changes or cancellations may not be possible.

10. Payments, Shipping, Refunds, and Replacements

Prices, taxes, shipping charges, and estimated delivery information are shown at checkout where applicable. Payments are processed by third-party payment providers. pixyit does not store full payment-card information.

Delivery dates are estimates and may be affected by carriers, production partners, customs, weather, incorrect addresses, and events outside our reasonable control.

Because personalized products are made to order, we generally do not accept returns or provide refunds for buyer’s remorse, preference changes, customer-provided errors, low-quality uploads, or normal variations in color, placement, sizing, or materials.

If an item arrives damaged, defective, incorrect, or materially different from the approved order because of an error by pixyit or a production partner, contact customer-care@pixyit.com within 15 days after delivery with the order number, photographs, and a description of the problem. Depending on the circumstances, we may provide a replacement, partial refund, full refund, or another reasonable resolution.

11. Subscriptions

pixyit may offer free and paid Family Gallery plans. Paid subscriptions are billed annually and renew automatically at the then-applicable price unless cancelled before the renewal date.

You may cancel at any time. Cancellation stops the next renewal but does not refund the current subscription period. You may continue using paid features through the end of that period.

After a paid subscription ends, the account remains accessible and existing artwork is not deleted. The account becomes subject to the free plan’s five-artwork limit. If it already contains five or more artworks, the account holder may continue viewing and managing them but may not upload more unless eligible paid access resumes or the gallery is below the free limit.

We may change plan features, limits, or prices prospectively. We will provide notice of material changes where required. Any promotional or founding price remains subject to the conditions stated with that offer, including continuous active subscription where applicable.

12. Kid Royalty, Giving, and Partner Revenue Share

For eligible product sales featuring a child’s artwork, pixyit allocates 3% of the product amount actually paid after discounts, excluding taxes and shipping, to the associated child’s royalty balance. Cancelled, refunded, disputed, fraudulent, or charged-back amounts are not eligible.

Eligible royalties accrue 30 days after purchase to allow time for production, delivery, refunds, and disputes. Deleting artwork does not remove royalties already credited.

When a royalty balance reaches $10, pixyit may contact the adult account holder using the account email to arrange payment. Payment may require identity, tax, payment, or other information reasonably necessary to complete the transaction and comply with law.

pixyit donates 5% of the same eligible product amount to a youth nonprofit organization or nonprofit partner. The recipient may vary by Partner, campaign, or event and may be disclosed with the applicable experience.

A Partner may receive a revenue share under a separate agreement with pixyit. Artwork deletion does not alter transaction records required to calculate or document royalties, donations, refunds, or Partner revenue share.

We may update, pause, or end these programs prospectively, subject to existing credited balances, completed eligible transactions, separate Partner agreements, and applicable law.

13. Acceptable Use

You agree not to:

• Upload or share illegal, abusive, exploitative, hateful, sexually explicit, threatening, deceptive, or otherwise harmful content.
• Upload content that violates another person’s intellectual property, privacy, publicity, or other rights.
• Use the Services to identify, contact, groom, exploit, harass, or harm a child or another person.
• Expose a child’s surname, school, address, contact details, precise location, private audio, or other unnecessary sensitive information.
• Impersonate another person or misrepresent your authority, identity, affiliation, permissions, or eligibility.
• Access or attempt to access another account, private gallery, recording, system, or data without authorization.
• Interfere with, reverse engineer, scrape, overload, disrupt, or circumvent the security or operation of the Services, except where applicable law expressly permits it.
• Use the Services for fraud or any unlawful purpose.

14. Content Moderation and Reporting

We may review reports, restrict visibility, remove content, cancel orders, suspend features, or terminate accounts when we reasonably believe content or activity violates these Terms, infringes rights, creates risk to a child or another person, threatens the Services, or violates law.

If you believe content infringes your rights or puts a child at risk, contact customer-care@pixyit.com. We may request information needed to evaluate and respond to the report.

15. Deletion and Account Closure

Deleted gallery content becomes unavailable through the Services immediately and is permanently deleted within 30 days. Limited transaction, payment, royalty, donation, Partner revenue-share, tax, consent, fraud-prevention, security, and dispute records may be retained when reasonably necessary or legally required.

You may request account deletion through available account controls or by contacting us. Public Family Gallery content will be removed from the pixyit public gallery, and new purchases through that Family Gallery will stop. Completed transactions, printed products, and orders already in production are not affected.

We may suspend or terminate an account, or require corrective action, if the account holder is under 18, lacks required authority, violates these Terms, creates a safety or legal risk, or fails to pay amounts owed.

16. pixyit Intellectual Property

The Services, including pixyit branding, logos, software, interfaces, text, graphics, templates, layouts, and product designs, are owned by pixyit or its licensors and are protected by intellectual-property laws.

Except for the limited right to use the Services under these Terms, no rights in pixyit intellectual property are granted to you. You may not copy, resell, or commercially use pixyit templates, mockups, layouts, branding, or software without permission.

17. Third-Party Services

The Services rely on third parties for functions such as authentication, hosting, storage, transcription, analytics, communications, payments, production, and shipping. Your use of some features may also be subject to a third party’s terms and policies.

pixyit is not responsible for third-party websites or services that we do not control, but we remain responsible for our own obligations under applicable law.

18. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” We do not guarantee uninterrupted, error-free, or completely secure operation, or that automated tags, transcriptions, previews, availability, delivery estimates, or other information will always be accurate.

We may correct pricing, product, technical, or content errors and may cancel affected orders with an appropriate refund.

Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

19. Limitation of Liability

To the fullest extent permitted by law, pixyit and its officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or opportunities arising from or related to the Services.

To the fullest extent permitted by law, pixyit’s total liability arising from or related to the Services will not exceed the greater of the amount you paid to pixyit during the 12 months before the event giving rise to the claim or $100.

These limitations apply to the fullest extent permitted by law and do not limit any liability that cannot lawfully be excluded or limited.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless pixyit Inc. and its officers, employees, contractors, affiliates, and service providers from third-party claims, liabilities, losses, damages, and reasonable expenses, including attorneys’ fees, arising from your User Content, your use or misuse of the Services, your violation of these Terms or applicable law, your lack of required authority or permission, or your violation of another person’s rights.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where the mandatory laws of your location apply.

Any dispute arising from these Terms or the Services will be brought in the state or federal courts located in Delaware, unless applicable law gives you the right to bring the dispute elsewhere. You and pixyit consent to the jurisdiction of those courts.

22. Changes to the Services or Terms

We may change or discontinue features and may update these Terms as the Services, our practices, or legal requirements change. If a change is material, we will provide notice through the Services, by email, or by another appropriate method.

Updated Terms take effect on the stated effective date. Where required, we will ask you to accept updated Terms before continuing to use the Services.

23. General Terms

These Terms, the Privacy Policy, and any applicable Partner, campaign, promotion, or order terms form the agreement between you and pixyit regarding the Services. If one provision is unenforceable, the remaining provisions remain in effect.

Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. pixyit may assign them as part of a merger, financing, reorganization, acquisition, sale of assets, or by operation of law.

24. Contact Us

Questions about these Terms may be sent to customer-care@pixyit.com.

pixyit Inc., 8 The Green, Suite A, Dover, DE 19901 USA